(2) Except as provided in subsection (3) of this section, at the time materials are filed under ORS 251.335, each candidate for nomination or election to the following offices shall pay to the county clerk the following fee for space in the county voters’ pamphlet:

(a) An office to which a salary or other compensation beyond expenses is attached, $100.

(b) An office to which a salary or other compensation beyond expenses is not attached, $25.

(3) At the time materials are filed under ORS 251.335, each candidate for nomination or election to a city or county office at the primary or general election shall pay to the county clerk the following fee for space in the county voters’ pamphlet:

(a) If the number of active electors in the electoral district is less than 1,000, $25.

(b) If the number of active electors in the electoral district is 1,000 or more and less than 10,000, $50.

(c) If the number of active electors in the electoral district is 10,000 or more and less than 50,000, $100.

(d) If the number of active electors in the electoral district is 50,000 or more, $300.

(4) The Secretary of State by rule shall adopt a schedule of fees to be charged by the county clerks for including arguments in the voters’ pamphlet. The fees need not reflect the actual cost of producing the voters’ pamphlet.

(5) The county clerk shall refund a filing fee described in this section to any person who applies for the refund not later than the last day for filing material for inclusion in the voters’ pamphlet. When a refund is made, the material for which the fee was paid may not be included in the pamphlet.

(6) As used in this section, "electoral district" means a county, the part of a city located within the county or, if a candidate is elected by zone or subdistrict of the county or city, the zone or subdistrict in which the candidate is nominated or elected. [1989 c.1031 §4; 2003 c.468 §1]